New workplace sexual harassment laws

The Fair Work Act has recently been amended to prohibit (or ban) sexual harassment in connection with work, including in the workplace.

Businesses should be implementing changes to prevent sexual harassment before the transition period ends in December 2024. Everyone has a role to play in preventing workplace sexual harassment, howeverthere are different legal responsibilities for different people in the workplace.

The Respect@Work website also provides a range of resources to support the creation of safe, inclusive and respectful workplaces, as well as information to help better understand, prevent and address workplace sexual harassment.

The Fair Work Act amendment prohibits sexual harassment in connection with work, including in the workplace. These changes have applied since 6 March 2023 and expand the previous protections around sexual harassment in the workplace.

A person or company can be liable for sexual harassment conducted by an employee or agent in connection with work, including if they were involved in the employer’s contravention. This applies unless the person or company can prove that they took all reasonable steps to prevent the sexual harassment.

The Fair Work Ombudsman provides further detail about the expanded protections from workplace sexual harassment at Sexual harassment in the workplace.